This case involved an action for a declaration that that section 6 of the Aboriginal Communal Fishing Licences Regulations is invalid by reason of an unlawful sub delegation of legislative power. The Crown sought a stay of the proceedings on the grounds that the action was essentially a matter of judicial review which was within the exclusive jurisdiction of the …Full Summary
These summaries of recent Fisheries law cases are prepared by Brad Caldwell of Caldwell & Co., 404-815 Hornby Street, Vancouver, B.C., V6Z 2E6. Telephone (604) 689-8894, E-mail: firstname.lastname@example.org CV: Link.
Readers are urged to consult CanLii for updates to the cases digested on this site.
Armstrong v. Gill, 2004 BCSC 1480
This case involved a prosecution under the Fisheries Act. In the course of a pre-trial application by the defence for disclosure of Crown documents, the matter was adjourned so that the parties could exchange and file written submissions. Although written submissions from both parties were filed, for some unexplained reason only the Crown’s submissions were provided to the judge hearing …Full Summary
Canada (Attorney General) v. Prince Edward Island, 2006 PESCAD 27
This case involves a statement of claim issued in the Prince Edward Island Supreme Court by the Government of Prince Edward Island against the Government of Canada claiming a series of declarations with respect both to the constitutionality of s. 7 of the Fisheries Act and a the validity of a series of historical management decisions of the Minister of …Full Summary